Madras High Court
P.Rajendran vs The Sub Registrar on 23 June, 2021
W.P.(MD).No.24603 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.24603 of 2018
P.Rajendran ... Petitioner
Vs.
The Sub Registrar,
Madurai South Joint-II
Sub-Registrar Office,
Madurai District. ... Respondent
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Mandamus, directing the respondent herein to
remove the entry reflecting a Mortgage deed from the list of
Encumbrance in respect of T.S.No.465/1, South Veli Street, Madurai
District based on the Order of Closure of Final Decree Application made
in I.A.No.398/2002 in O.S.No.920/2001 by considering the
representation made by the petitioner dated 30.07.2018.
For Petitioner : Mr.V.Sasi Kumar
For Respondent : Mr.R.Suresh Kumar,
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.24603 of 2018
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus, directing the respondent herein to delete the entry that is
reflected in the encumbrance certificate, based on the order passed in the
final decree application in I.A.No.398 of 2002 in O.S.No.920 of 2001, by
the learned III Additional Sub-Judge, Madurai.
2. The case of the petitioner is that his father, who was the owner
of the subject property in T.S.No.465/1, executed a registered Mortgage
Deed dated 16.11.1998, which was registered as Document No.6511 of
1998, in favour of one Rabiya Beevi, while taking loan from her.
3. The said Rabiya Beevi, filed a suit in O.S.No.920 of 2001,
before III Additional Sub Court, Madurai for recovery of money, based
on the mortgage executed by the father of the petitioner. The suit was
decreed by a judgment and decree dated 12.11.2001. The said Rabiya
Beevi, filed a final decree application in I.A.No.398 of 2002. During the
pendency of this application, both Rabiya Beevi as well as the father of
the petitioner died.
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W.P.(MD).No.24603 of 2018
4. The further case of the petitioner is that there was a compromise
between the petitioner and the legal heirs of the said Rabiya Beevi and
the same was reported before III Additional Sub Court, Madurai.
Recording the same, the final decree application was closed on
29.09.2015.
5. The petitioner thereafter, made a representation to the
respondent on 30.07.2018, requesting for the deletion of the entry made,
at the time of registration of the mortgage, from the encumbrance
certificate. Since, the same was not considered, the present Writ Petition
has been filed before this Court seeking for appropriate directions.
6. Heard Mr.V.Sasikumar, learned counsel appearing for the
petitioner and Mr.R.Sureshkumar, learned Government Advocate
appearing for the respondent.
7. In the considered view of this Court, instead of requesting the
respondent to delete the entry that was made at the time of registering the
Mortgage deed in document No.6511/1998, it will be more appropriate to
direct the respondent to register the certified copy of the order passed in
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W.P.(MD).No.24603 of 2018
I.A.No.398 of 2002, wherein the final decree application itself was
closed based on a compromise. If this order is registered, it will
automatically reverse the earlier entry that was made at the time of
registering the Mortgage Deed.
8. In view of the above, there shall be a direction to the petitioner
to submit a certified copy of the order passed in I.A.No.398 of 2002 in
O.S.No.920 of 2001, dated 29.09.2015 by III Additional Sub Court,
Madurai and the respondent on receipt of the same, shall register the
same subject to the necessary stamp duty and registration fees being paid.
Once the order is registered, the same shall also be reflected in the
encumbrance certificate. This process shall be completed by the
respondent within a period of two weeks from the date of receipt of the
certified copy of the order from the petitioner.
9. This Writ Petition is disposed of with the above directions. No
costs.
vsm 23.06.2021
Index :Yes/No
Internet : Yes/No
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.24603 of 2018
Note :
In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate / litigant concerned.
To
The Sub Registrar,
Madurai South Joint-II
Sub-Registrar Office,
Madurai District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.24603 of 2018
N.ANAND VENKATESH.J.,
vsm
W.P.(MD).No.24603 of 2018
23.06.2021
https://www.mhc.tn.gov.in/judis/
